P.Amirthalingam v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.09.2019

CORAM

THE HONOURABLE MR. JUSTICE M.S.RAMESH W.P.No.28671 of 2019 P.Amirthalingam

...Petitioner

Vs.

1.The District Collector, Nagapattinum District, Nagapattinum.

2.The Superintendent of Police, Nagapattinam District, Nagapattinum.

3.The Inspector of Police, Porayar Police Station, Nagapattinum.

4.The Inspector of Police, Sirkali Police Station, Nagapattinum District.

...Respondents

Prayer: Writ Petition filed under Article 226 of Constitution of India, issue a Writ, Order or Direction, in the nature of a Writ of Mandamus, directing 1st and 2nd respondents not to invoke Goonda Act on the petitioner's son Aravind based on the representation of the petitioner dated 23.09.2019. For Petitioner : Mr.D.Ashokkumar For R1to R4 : Mr.C.Iyyapparaj Additional Public Prosecutor 1/2 https://hcservices.ecourts.gov.in/hcservices/

O R D E R

The prayer in the present Writ Petition may not be maintainable, since the decision to invoke the Goonda's Act would be based on various factors, which is imposed in the act itself. The prayer of the petitioner, in the representation made to the respondents, is that the provisions of the Goonda's Act, should not be invoked as against him. Such a prayer cannot be considered even by the respondents. As such, it would not be appropriate for this Court to direct the respondents to consider such a representation made by the petitioner. In the light of the above observation, this Writ Petition is dismissed.

-s/d- Assistant Registrar True Copy Sub-Assistant Registrar sbn To 1.The District Collector, Nagapattinum District, Nagapattinum.

2.The Superintendent of Police, Nagapattinam District, Nagapattinum.

3.The Inspector of Police, Porayar Police Station, Nagapattinum.

4.The Inspector of Police, Sirkali Police Station, Nagapattinum District.

W.P.No.28671 of 2019 aa15/11/2019 2/2 https://hcservices.ecourts.gov.in/hcservices/